§ Motion made that this Bill be read a Second time.
§ MR. CALDWELLsaid that the object of the Bill was to confer upon stipendiary Magistrates in Scotland the same summary jurisdiction as was now exercised by the Sheriffs. He thought that in places like Glasgow this system of concurrent jurisdiction would lead to inconvenience, and he doubted whether adequate machinery was provided in the Measure for effecting the purpose in view. The Bill would have to be carefully considered in Committee. At present the Sheriff alone dealt with summary procedure cases. If the same jurisdiction were given to Police magistrates it might be found that they took one view of a question while the Sheriffs took another view. Another result of the proposed change would be that one book of causes would no longer suffice. There would have to be two, one in the Sheriff's Court and one in the Police Court, and both would have to be consulted. Then he wished to know who would be entitled to appear before the Stipendiary. Under the Summary Procedure (Scotland) Act only the parties or their procurators could appear before the Sheriff in Summary Procedure cases. Was the right of appearance to be regulated in the same way in the Stipendiary's Court? The 1366 Bill made no provision for establishing a scale of fees in the Police Court, and one effect of the Bill would be to deprive the Exchequer of the sums paid as fines. These, as he read the Bill, would go to the Police Fund in cases which were brought before the Stipendiaries. That was not advisable. Then the Bill would impose upon localities what was really an Imperial burden, for the Sheriff was paid out of the Exchequer, while the Police Magistrate was paid out of local funds. Police officers, he supposed, were to have all the powers of Sheriffs' officers in carrying out the Summary Procedure Act. That was a. novelty, and duties were thereby being imposed on police officers which, in ordinary circumstances, they were not qualified to perform.
§ *THE LORD ADVOCATEthought the hon. Member entertained rather exaggerated fears about the difficulties attending cumulative jurisdiction. There was at the present moment cumulative jurisdiction in matters criminal between the Sheriff's Court and the Police Court. Under tins Bill the same rights of appearance would obtain as were now exercised before the Sheriff. Appearance, he took it, would be limited to the parties and their procurators. He could reassure the hon. Gentleman on one point, and that was that an amendment would be introduced providing that the fees should go in exactly the same way after the Bill was passed as they did before. The present Bill has been really asked for by the City of Glasgow. It seemed to him a reasonable demand, and accordingly he hoped the House would give it a Second Reading.
§ Bill read a Second time, and committed for To-morrow.